To provide a substitute for title V.

SA 1058. Mr. DORGAN (for Mr. Bingaman) proposed an amendment to the
bill H.R. 2361, making appropriations for the Department of the
Interior, environment, and related agencies for the fiscal year ending
September 30, 2006, and for other purposes; as follows:

Beginning on page 255, strike line 1 and all that follows
through page 263, line 25, and insert the following:

TITLE V--FACILITY REALIGNMENT AND ENHANCEMENT ACT OF 2005

SEC. 501. SHORT TITLE.

This title may be cited as the ``Forest Service Facility
Realignment and Enhancement Act of 2005''.

SEC. 502. DEFINITIONS.

In this title:
(1) Administrative site.--
(A) In general.--The term ``administrative site'' means--
(i) any facility or improvement, including curtilage that
was acquired or is used specifically for purposes of
administration of the National Forest System; and
(ii) any associated Federal land necessary to include for
efficient administration of the National Forest System that
was acquired or is utilized specifically for purposes of
administration of Forest Service activities and underlies or
abuts an administrative facility, improvement, or curtilage;
or
(iii) up to 10 isolated parcels of not more than 80 acres
which were acquired for administrative purposes but have not
been utilized, such as vacant town lots outside of a National
Forest proclaimed boundary.
(B) Inclusions.--The term ``administrative site''
includes--
(i) a forest headquarters;
(ii) a ranger station;
(iii) a research station or laboratory;
(iv) a dwelling;
(v) a warehouse;
(vi) a scaling station;
(vii) a fire-retardant mixing station;
(viii) a lookout;
(ix) a visitor center;
(x) a guard station;
(xi) a storage facility;
(xii) a telecommunication facility; and
(xiii) other administrative installations for conducting
Forest Service activities.
(C) Exclusions.--Federal land to be conveyed under this Act
shall not include--
(i) any area within a unit of the National Forest System
specifically designated for resource protection,
conservation, or recreational purposes, including land within
the National Wilderness Preservation System, the Wild and
Scenic River System, and National Monuments; or
(ii) land that is needed for resource management purposes
or that would be in the public interest to retain.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the General Services Administration.
(3) Market analysis.--The term ``market analysis'' means
the identification and study of the real estate market for a
particular economic good or service.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.

SEC. 503. AUTHORIZATION OF CONVEYANCES.

(a) In General.--For fiscal years 2006-2009, the Secretary
may convey, by sale, lease, exchange, a combination of sales
and exchanges, or by other means, any administrative site or
interest in an administrative site that is--
(1) except for those administrative sites described in
section 502(1)(A)(iii), less than 40 acres for each
administrative site or compound of administrative sites; and
(2) under the jurisdiction of the Secretary.
(b) Lead-Based Paint and Asbestos Abatement.--
(1) In general.--Notwithstanding any other provisions of
law, in any conveyance under subsection (a), the Secretary
shall not be required to mitigate or abate lead-based paint
or asbestos-containing building materials with respect to the
administrative site conveyed.
(2) Notice.--Notwithstanding paragraph (1), if the
administrative site being conveyed has lead-based paint or
asbestos-containing building materials, the Secretary shall--
(A) provide to the person acquiring the administrative site
notice of the presence of lead-based paint or asbestos-
containing material; and
(B) obtain from the person acquiring the administrative
site a written assurance that the person will comply with
applicable Federal, State, and local laws relating to the
management of the lead-based paint or asbestos-containing
materials.
(c) Federal Property and Administrative Services.--A
conveyance under this section shall not be subject to
subchapter I of chapter 5, title 40, United States Code.
(d) Notice to Congress.--At least once a year, the
Secretary shall submit to the Committee on Appropriations and
the Committee on Resources of the House of Representatives
and the Committee on Appropriations and the Committee on
Energy and Natural Resources of the Senate notice of any
conveyances under this section.
(e) Environmental Review.--In any environmental review or
analysis required under the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.) for the disposal of an
administrative site under this section, the Secretary shall
only consider or analyze the most reasonably foreseeable use
of the administrative site as determined through a market
analysis and whether to reserve any right, title, or interest
in the administrative site under subsection (f)(3).
(f) Configuration of Land.--
(1) In general.--To facilitate a conveyance under this
section, the Secretary may configure the administrative site
to be conveyed to--
(A) maximize the marketability of the administrative site;
and
(B) achieve management objectives.
(2) Improvements.--Improvements to the administrative site
to be conveyed may be severed from the land and disposed of
in separate conveyances.
(3) Reservation.--In any disposition of an administrative
site under this section, the Secretary may reserve any right,
title, and interest in and to the administrative site that
the Secretary determines to be necessary, including--
(A) a reservation of water rights;
(B) a right-of-way; and
(C) a utility easement.
(g) Consideration.--
(1) Amount.--In consideration for a conveyance authorized
under subsection (a), the purchaser shall pay to the
Secretary the amount that is equal to the fair market value
of the administrative site conveyed, as provided in paragraph
(3).
(2) Appraisal.--The Secretary shall determine fair market
value by--
(A) conducting an appraisal that is performed in accordance
with the Uniform Appraisal Standards for Federal Land
Acquisitions and the Uniform Standards of Professional
Appraisal practice; or
(B) competitive sale.
(3) Form.--

[[Page S7445]]

(A) Sale.--Consideration for a sale under this section
shall be paid in cash on conveyance of the administrative
site.
(B) Exchange.--
(i) Equal in value.--Consideration for an exchange of land
or an improvement to land under this section shall be in the
form of a conveyance of land or improvement that is equal in
value to the administrative site conveyed.
(ii) Not equal in value.--If the values of land or
improvements to be exchanged under this Act and described in
clause (i) are not equal, the values may be equalized by--

(I) the Secretary making a cash payment to the purchaser;
(II) the purchaser making a cash equalization payment to
the Secretary; or
(III) reducing the value of the administrative site or the
non-Federal land or improvements, as appropriate.

(h) Rejection of Offers.--The Secretary shall reject any
offer made under this section if the Secretary determines
that the offer is not--
(1) adequate to provide market value under subsection
(g)(1); or
(2) in the public interest.
(i) Brokerage Services.--The Secretary may use the proceeds
of sales or exchanges under this section to pay reasonable
commissions or fees for brokerage services if the Secretary
determines that the services are in the public interest.
(j) Disposition of Proceeds.--
(1) In general.--After deducting any costs of the Secretary
relating to a conveyance, the Secretary shall deposit the
proceeds from the conveyance in the fund established under
Public Law 90-171 (commonly known as the ``Sisk Act'') (16
U.S.C. 484a).
(2) Use.--Amounts deposited under paragraph (1) shall
remain available to the Secretary until expended, without
further appropriation, to pay any necessary and incidental
costs of the Secretary for the acquisition, improvement,
deferred maintenance, construction of new facilities; and
disposition of administrative sites and capital improvements
on National Forest System land.
(k) Consultation With Administrator.--As appropriate, the
Secretary is encouraged to work with the Administrator with
respect to the conveyance of administrative sites.

SEC. 504. WORKING CAPITAL FUND.

(a) In General.--Section 13 of the Department of
Agriculture Organic Act of 1956 (16 U.S.C. 579b) is amended
to read as follows:

``SEC. 13. WORKING CAPITAL FUND.

``(a) Establishment.--There is established a working
capital fund (referred to in this section as the `Fund'),
which shall be available without fiscal year limitation.
``(b) Use.--Amounts in the Fund shall be used to pay the
costs of purchasing, constructing, performing capital repairs
on, renovating, rehabilitating, disposing, or replacing
buildings and to carry out deferred maintenance and
improvements to land for programs of the Forest Service,
subject to any limitations in appropriations for the Forest
Service.
``(c) Transfer and Capitalization.--The Secretary of
Agriculture (referred to in this section as the `Secretary')
may--
``(1) transfer to the Fund, without reimbursement, and
capitalize in the Fund at fair and reasonable values, any
receivables, inventories, equipment, buildings, improvements,
and other assets as the Secretary determines to be
appropriate; and
``(2) assume the liabilities associated with the assets
transferred under paragraph (1).
``(d) Advance Payments.--The fund shall be credited with
advance payments in connection with firm orders and
reimbursements from appropriations and funds of the Forest
Service, other departmental and Federal agencies, and from
other sources, as authorized by law, at rates approximately
equal to the cost of furnishing the facilities and
service.''.
(b) Savings Clause.--The amendment made by subsection (a)
shall not affect the status of funds and assets in the
working capital fund established by section 13 of the
Department of Agriculture Organic Act of 1956 (16 U.S.C.
579b) as in effect on the date of enactment of this section.
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